West View Research, LLC v. Bayerische Motoren Werke AG et al, 3-14-cv-02670 (CASD December 30, 2016, Order) (Bencivengo, USDJ)
Wednesday, January 4, 2017
Electromagnetic Identification Patents Invalid Under 35 U.S.C. § 101
The court granted defendant's motion for judgment on the pleadings because the asserted claims of plaintiff’s electromagnetic user identification patents encompassed unpatentable subject matter and found that the claims were directed toward an abstract idea. "[Plaintiff] asserts that these claimed systems/methods are an advancement to a computer-specific technology problem, specifically an improvement in the operation or functionality of the computer system to prevent electronic fraud, such as 'spoofing' or 'man-in-the-middle attacks' in wireless interface systems. . . . The asserted claims are directed at authenticating a user of the system and providing information to that user that is downloaded to the user’s personal electronic device. . . . The claim language is result-oriented and functional. . . . There is nothing in the specification to support this representation that the inventions provide new and improved systems, protocols or methods of securing wireless transactions from interception by unauthorized users. Rather the claims recite known RFID tag and reader systems used to provide authentication of system users for access to information."